SHREYANS JAIN Vs. ARIJIT BHATTACHARYYA

JUDGEMENT

(1.) Ms. Justice Deepa Sharma, Presiding Member-The present appeal has been filed against the order dated 31.3.2017 passed by the State Commission in CC No. 14 of 2012 filed by the respondent(s).

(2.) The admitted facts of the case are that the parties had entered into an agreement dated 18.8.2011 for purchase of a self-contained flat measuring about 1,010 sq. ft. super builtup area being No. 2B, on the second floor along with one open car parking space on the ground floor for a consideration of Rs. 25,88,180 @ 2,315 per sq.ft. and open car parking space for a sum of Rs. 2,50,000. At the time of booking of the said property, a sum of Rs. 51,000 was paid to the appellantby the respondents. They also applied for loan and a loan of Rs. 19,97,863 was sanctioned in their favour. The respondents also paid a sum of Rs. 4,37,150 and Rs.1,03,000 on 1.10.2011 and 28.11.2011 respectively to the appellant and thus had paid a total sum of Rs. 5,91,150 The balance money which was payable by them was Rs. 19,97,000.

(3.) The respondents filed a complaint wherein they have alleged that they have always been ready and willing to pay the balance money subject to completion of flat and its being in habitable condition. They sent the correspondences and also issued the legal notice dated 12.1.2012. Finding no answer from appellant, they filed the complaint wherein they have asked for the possession of flat, execution of the sale deed, completion of unfinished work and earmarking of the open car parking space, compensation of Rs. 1,00,000 for harassment and mental agony and penal damages to the tune of Rs. 50,000, etc.